The fence or the privacy screen
The fence, like the privacy screen, makes it possible to delimit a particular area. In the case that interests us, this is the perimeter of the property. It can be a wall, a fence, etc. In the market, the choice of types of fences is wide and all adapt to different budgets. The privacy screen not only separates the spaces, but also protects the curious.
Indeed, by its blackout character, it allows you to preserve your privacy. It can be in the form of a canisse, full panels, etc. In the French Civil Code, fencing one’s property is a right, provided certain conditions are met. Among them, there are certain limitations and obligations, such as the choice of materials, for example, which can be imposed at the local level to guarantee an aesthetic harmony of the city.
Prior declaration of work
In general, the installation of a fence does not require a prior declaration or obtaining a permit. However, a prior declaration of work to install a fence may be required by the town hall of the municipality in which you live. This is why it is important to inform yourself beforehand.
This obligation concerns properties that are:
- near a classified heritage site;
- near a registered site;
- near a site classified under the Town Planning Code;
- near a historic monument;
- in an area delimited by a local urban plan;
- in a municipality which has decided to subject the installation of the fence to a prior declaration of work.
The services of the town hall concerned will be the most able to guide you in these steps. If you need to submit a declaration, you will need to complete the form Cerfa 13404 6 and send it to the town hall with the supporting documents requested. The instruction period is then one month and can be extended to 2 months in the event that the competent authority is different, such as near a historic monument. Once the decision is rendered, if it is positive, you can start the work. However, if the answer is no, it must be justified to be valid.
What are the rules for setting up a fence?
To enclose the land of your property, certain rules must be respected, even if you are exempt from prior declaration or building permit.
- Thus, your fence must in no case encroach on the neighboring plot.
- It should not be a nuisance for your neighbors either, especially if they are landlocked, you risk being accused of “abuse of rights”.
- If it is installed at the edge of a public road, such as a path, a road, etc., it is possible that a distance must be respected. It is the same when your land is struck by alignment, that is to say, when the public authority wishes to widen the road and this widening encroaches on your land.
- If your home is located in a subdivision, then you may be subject to specific regulations appearing in the specifications of the subdivision.
- Finally, if your land is on the edge of a dangerous road, you can then contact the road manager for advice.
If you opt for an electric fence, then you must refer to the specific regulations and be in possession of the equipment approval certificate.
The height rules for a fence
Other obligations may be imposed by the Land Use Plan (POS) or by the Local Urban Plan (PLU) as the fence height. However, if the POS or the PLU does not impose anything on you, then it is theArticle 663 of the Civil Code which determines the maximum height. In a city of more than 50,000 inhabitants, it is set at 3.20 m while for other cities, this height is 2.60 m. In the case of a municipality concerned by an urban planning document, these heights may be revised upwards, but also downwards. They are not necessarily uniform and may vary according to different areas of the city. These obligations may also relate to the type of materials used, the colors, etc.
What are the exceptions or special situations?
There are four types of fences that do not fall under this scheme. It’s about :
- fences that are not considered to be works, such as hedges, ditches;
- works that have been put in place to delimit the spaces of the same land unit;
- fences which have previously been the subject of an urban planning authorization;
- finally, fences essential for agricultural and forestry activities.
In the case of an easement, the installation of the fence may be limited or even prohibited, depending on the situation.
If your home is semi-detached, it may happen that you already have a semi-detached fence. If you want to install a screen or make any modification, it is then necessary that a common agreement be defined beforehand. In addition, maintenance and modification costs will be shared.
The plantations used to create a separation hedge are subject to specific rules.
- A so-called low-stem hedge must not rise more than two meters in height and must be established at a distance of at least 0.50 m from the dividing line of your property.
- On the other hand, for a so-called high-stem hedge, that is to say with trees that will grow beyond 2 meters in height, it must be established at a distance of more than 2 meters from this same line. Here again, it is preferable to check with your town hall to make sure that the town has not put in place a specific regulation.